Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Independent trustees definition

What does Independent trustees mean? Independent trustees are individual or corporate trustees brought in to act impartially, free from conflicts, and unconnected with the scheme sponsor (employer) and the scheme’s professional advisers; they are typically professional trustees and are not appointed to represent members. In occupational pension schemes, the term has a specific statutory use in the UK: pensions legislation permits The Pensions Regulator to appoint or require an independent trustee, including on employer insolvency. For these purposes, independence generally means the trustee is neither connected with nor associated with the employer and has no material relationship with the scheme’s advisers. In Ireland,...

Independent trustees in occupational pension schemes: definition, appointment routes (PA 1995 ss 7 and 23) and TPR register, fees, disclosure and liability; includes forthcoming DWP consultation on a public trustee

Published by a LexisNexis Pensions expert

Practice notes

FORTHCOMING DEVELOPMENT:

On 15 December 2025, the Department for Work and Pensions (DWP) opened a consultation reviewing whether the powers allowing the Pensions Regulator (TPR) to remove and replace trustees should be enlarged or redesigned. It observes that TPR’s present statutory powers to suspend, bar or substitute trustees are narrowly framed, seldom used, and may involve intricate, quasi‑judicial procedures. Where a change of trustees is needed, TPR typically appoints Independent trustees from its independent register, which, in reality, comprises a limited pool of professional trustee firms and can be an effective yet expensive outcome, notably for distressed schemes or orphan arrangements with no trustees in post. In this light, the consultation assesses the practicality of creating a government‑appointed public trustee to provide a secure, independent, last‑resort option when trustees must be appointed or replaced. Independent individuals may act for occupational pension schemes, either as the sole trustee or as one of several trustees, or by serving as Directors of a corporate trustee as circumstances may reasonably require periodically...

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Wyn Derbyshire

gunnercooke LLP

Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also...

Web page updated on 21/05/2026

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